Claim Form received at non-residential address for parking ticket from 2019

an1bc

Coupon-mad said:

Of course you'll need more: you need a detailed WS, draft Order and attached evidence of the wrong address to accompany your n244.

Copy the CCJ set aside documents in the CCJ thread by @Zbubuman

After a lot of consideration, I am now thinking of signing the consent order to set aside the CCJ & defending the claim separately.

It seems my credit score is heavily impacted & I'd rather get the CCJ set aside as a priority, in hopes of improving my credit rating ASAP.

Following the set-aside, I should receive a new claim form - which I intend on defending, with template from the thread 'Challenging a Parking Charge in Court'.

Just wanted to thank you for your help and advice. 

LDast

But if you apply for the set-aside under CPR 13.2 the court must set aside the CCJ. You also have a much better chance that the claim will be struck out. By agreeing to the order made by DCB Legal, you are going to be out of pocket and still have to defend the claim.

It costs more to apply for the set aside without consent but you are in a stronger position to recover your costs and to get the claim struck out at the same time.

an1bc

LDast said:

But if you apply for the set-aside under CPR 13.2 the court must set aside the CCJ. You also have a much better chance that the claim will be struck out. By agreeing to the order made by DCB Legal, you are going to be out of pocket and still have to defend the claim.

It costs more to apply for the set aside without consent but you are in a stronger position to recover your costs and to get the claim struck out at the same time.

I agree with and appreciate what you're saying - it's the ideal option. However, time is an essence at the stage and unfortunately CCJ set-aside application can be a longer process, taking upto 4-6 weeks just to review the application, with further time period for any clarifications (please correct me if I'm misinformed).

So for what it's worth, I'd rather get the CCJ removed through consent order and give it my best shot at defence. Even if I can reduce the charges, I'd be happy, also bearing in mind DCB Legal will be bearing the costs for filing the Consent order (£119)

Coupon-mad

But the Consent Order isn't guaranteed to be accepted by the CNBC.

LDast

CPR 13.3 is only a discretionary set aside. No guarantee. CPR 13.2 is a mandatory set aside.

an1bc

LDast said:

CPR 13.3 is only a discretionary set aside. No guarantee. CPR 13.2 is a mandatory set aside.

Good point! Thank you for highlighting.

I will give them one chance at correctly referencing CPR13.2, if not I will make a separate application.

an1bc

Quick update: They have now amended the consent order with reference to CPR13.2 & submitted to the court.

I am now waiting for a sealed Order from court, to which I will have 14 days to file a defence. 

Hopefully, it is a case of the claim form being re-served after the sealed Order from court.

an1bc

Update: Sealed Order now received from the court & CCJ is cleared on the basis that I was deprived of any opportunity to defend the claim, as the claim form was sent to the wrong address.

When asked whether a new claim form will be issued to the correct address, so I can file a defense - I was told that new claim form will not be issued & to call them as the Claimant wishes to make an offer to conclude this case.

I am guessing their offer would involve paying a sum. 

If a new claim isn't issued do they have any grounds to request money?

Coupon-mad

There would never be a new claim form. Show us the latest Order.  It must include something about your deadline to defend?

an1bc

Coupon-mad said:

There would never be a new claim form. Show us the latest Order.  It must include something about your deadline to defend?

Yes, a deadline is set in the Order (terms from the order below).

I am confused on how I'd defend, if a new claim form isn't issued with login password to moneyclaim.gov.uk

Would appreciate your thoughts.

''IT IS ORDERED BY CONSENT THAT:- 

1. The Judgment entered on XX/XX/XXXX is set aside; 

2. The Defendant is to file and serve their Defence within 14 days from the date of the sealed Order; 

3. Standard Small Claims directions issued thereafter; 

4. No Order as to costs."